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Date
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January 28, 2008
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Agenda
Item No. 48 Roll
Call No. 08- Communication No. 08-035 Submitted by: Richard
A. Clark, City Manager |
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AGENDA HEADING:
Amending Various
Chapters of the Municipal Code regarding Permits and Licenses for Street Use,
Temporary Outdoor Service, Peddlers, and Transient Merchants as Related to
Street Use Events.
SYNOPSIS:
Recommend
approval of revisions to various chapters of the Municipal Code; these chapters
contain ordinances that are associated with street use events. The proposed
revisions would do the following.
Sidewalks
would be included in the street use permit; currently, only streets are
included. The event organizer would control temporarily the sidewalks within
the event perimeter during the course of the event, but would be required to maintain
access to abutting businesses and clear passage on sidewalks. Abutting
businesses could operate sidewalk sales or temporary outdoor service (liquor,
beer, and wine) with the permission of the event organizer. Vendors associated
with the event (except for sidewalk cafes and alcohol sales) could operate
under the event organizer’s permit.
A
1,000 foot buffer zone would be created around the perimeter of an eligible
street use event. Other events requiring a street use permit, peddlers, and transient
merchants would need the permission of the event organizer in order to occur or
operate within the buffer zone during the course of the event. However, permit requirements for sidewalk
sales and temporary outdoor service would remain unchanged. Events that require
four or more street closures per calendar year are eligible for a limited buffer
zone; they would not be able to restrict the occurrence of other street use
events within 1,000 feet.
FISCAL IMPACT:
Amount:
Negligible. Future revenue from permit and license fees associated with street
use events might decrease if certain permit and license applications are denied
because the applicants fail to meet applicable requirements.
Funding
Source: FY 2007-08 Operating Budget, GE001 CCL010000,
pg. 76
ADDITIONAL INFORMATION:
Event organizers may obtain a street use
permit in order to close temporarily a portion of a residential or commercial street
for any timed event or activity, such as a block party, festival, or athletic competition.
The City’s Street Use Team, which
consists of staff from various departments as well as community liaisons, reviews
all street use permit applications. The City Clerk’s Office issues the permits.
In recent years, the number and size of
street use events have increased considerably. For example, the number of street
use events in the downtown area has grown from 33 events in 2003 to 55 events
in 2007. This is an increase of approximately 67%. With such growth, some
conflicts have arisen between event organizers and property or business owners
that abut the perimeter of the event as well as peddlers and transient
merchants who seek to sell items near the event.
Staff’s recommendations seek to strike a
balance between the interests of the event organizers and abutting property and
business owners. Though the event organizer effectively would control the
temporarily closed street and sidewalk, they would be required to allow access
to abutting businesses and maintain clear passage on the sidewalks. Also, with
the permission of the event organizer, abutting
businesses would be able to operate sidewalk sales or temporary outdoor service
during the event. Businesses located outside of the event perimeter, but within
the event buffer zone, could operate sidewalk sales or temporary outdoor
service as currently allowed. The permission of the event organizer would be
required if other planned street use events and sales by peddlers and transient
merchants were to occur within the event buffer zone.
Staff presented its recommendations to Council at a
workshop on November 13, 2007. The recommendations were approved by the City’s
Street Use Team and were shared with the Downtown Events Group, which was
supportive of the changes.
PREVIOUS COUNCIL ACTION(S):
Date: August 2, 1999
Roll Call Number: 99-2405 – 99-2411
Action: Amending various
Chapters of the Municipal Code regarding Special Events Street Use:
(A) Chapter 5 regarding license and permit fees for special events.
Moved by Vlassis that this ordinance do
now pass, #13,732. Motion Carried 6-1. (B) Chapter 6 regarding timed and athletic
events. Moved by Vlassis that this
ordinance do now pass, #13,733. Motion Carried 6-1. (C) Chapter 23 regarding street parade
permits. Moved by Vlassis that this
ordinance do now pass, #13,734. Motion Carried 6-1. (D) Chapter 23 regarding entertainment
districts. Moved by Vlassis that this
ordinance do now pass, #13,735. Motion Carried 6-1. (E) Chapter 23 regarding sidewalk sales. Moved by Vlassis that this ordinance do now
pass, #13,736. Motion Carried 6-1. (F) Chapter 23 regarding farmer's or public
markets. Moved by Vlassis that this
ordinance do now pass, #13,737. Motion Carried 6-1.
(G) Adding a new Subchapter 18 to Chapter 23 regarding street use permits. Moved by Vlassis that this ordinance do now
pass, #13,738. Motion Carried 6-1.
BOARD/COMMISSION ACTION(S):
ANTICIPATED ACTIONS AND FUTURE COMMITMENTS:
Second and third
readings of ordinance.